The High Court has refused judicial review proceedings brought by a Malawian asylum seeker challenging the rejection of his international protection claim, finding no arguable legal error in the International Protection Appeals Tribunal's (IPAT) assessment of his credibility.
The applicant sought refugee status on the basis that he is gay and faced persecution in Malawi because of his sexual orientation. He claimed to have suffered violence after a same-sex relationship was discovered and to have later received threats from the family of another male partner.
Before the IPAT, the applicant relied on evidence of his involvement with LGBTQI+ organisations in Ireland, including photographs from Pride events, a supporting letter from an LGBTQI+ group in Galway, certificates of participation, and evidence that he attended support meetings and volunteered with the organisation.
While accepting that the applicant had participated in LGBTQI+ events and community activities, the Tribunal concluded that this evidence did not establish, on the balance of probabilities, that he was gay. It found that the supporting material carried limited probative value when viewed alongside significant inconsistencies in the applicant's account concerning the chronology of his relationships, alleged assaults and threats in Malawi.
Refusing leave for judicial review, Ms Justice Siobhán Phelan held that the Tribunal had adequately explained its reasoning and had not ignored the applicant's participation in LGBTQI+ activities. Rather, it had considered that evidence but found it insufficient to overcome the credibility concerns identified.
The High Court also rejected the suggestion that the Tribunal had treated Malawi as a safe country for gay men. Instead, the Tribunal had accepted the country conditions but concluded that the applicant had failed to establish that he belonged to the group at risk.
Finding that none of the grounds disclosed an arguable error of law sufficient to warrant judicial review, the High Court refused the application.